Ch 4 Flashcards
• Indictable Offences:
Are crimes that are more severe and carry harsher penalties if you are convicted. The Criminal Code sets out the maximum penalties for each indictable offence. For example the maximum penalty for manslaughter is life imprisonment (25 years) In some cases the Criminal Code sets out minimum penalties for an indictable offence. Examples include second degree murder (10 years min) There is no statue of limitations for charging someone with an indictable offence. For serious indictable offences, such as murder or kidnapping, accused can choose wether they want to be tried by a judge alone or a judge and a jury
• Hybrid Offences:
the vast majority of crimes in the Criminal Code are classified as hybrid offences. This means that they can end up as either a summary or an indictable charge. It is the Crown that decides to ‘proceed summarily’ or ‘by way of indictment’ Certain factors will determine if the Crown proceeds summarily or by way of indictment, such as: The accused’s previous criminal record The date of the offence (remember summary offences have a six month limit) Whether lesser penalties are appropriate if there is a conviction
• Mens rea
•The guilty mind, mental element of ones, criminal actions
• Actus Reus
•The guilty act, physical/guilty act omission or state of being that constitutes a crime
• Intent
State of the mind of a person who commits an action deliberately and on purpose
• Willful Blindness
Act if deliberately choosing to ignore certain facts or information
• Recklessness
State of acting carelessly without regard for the consequences of ones action
• Criminal negligence
Reckless disregard for the lives and the safety of other people
• Motive
Reason for committing a certain act
• Attempt
Act done with the intent to commit a criminal offence but without success
• Knowledge
ascertains facts can also provide the necessary men’s rea for a criminal conviction
• Criminal state of mind:
Accused person may not intend the outcome of their actions. Person knew they were doing something illegal m
• Conspiracy
•Is an agreement between two or more people to commit a crime or achieve something illegal by breaking the law. Even if you do not carry out the crime, you can still be guilty of a conspiracy The intent must be serious, jokes or idle threats are not considered a conspiracy
• Aiding and abetting
•If you help someone commit a crime, you are guilty of aiding them. If you encourage them to commit a crime, you are abetting them. You must truly believe that the person is going to commit the crime in order to be found guilty. Just being an innocent bystander is not enough to be guilty of aiding or abetting. A person who aids or abets is just as guilty as the person who actually committed the crime. I.E you could get the same penalty
• Accessory after the Fact
If you knowingly help a person escape or hide from that law after they have committed a crime, you are an accessory after the fact. Even providing food, shelter or clothing is enough to be found guilty. You could receive the same sentence as the principal offender. You cannot be guilty of being an accessory if the principal offender is found not guilty ,
• Manitoba Provincial court (Criminal division)
The judges in these courts are appointed be the provincial government and hear the lest serious of criminal cases
indictable conviction, theft under 5000. One judge hears the case. Appointed by provincial government
• Manitoba Court of Queen’s bench
In some other provinces this same level of court is known as the Provincial Superior Court. This Court hears appeals from eh provincial courts and tries the most serious of criminal offences. The federal government appoints the judges to this court
manslaughter, severe assault, murder, armed robbery. Appointed by federal government, 3 judges hear the cases
• Manitoba Court of Appeal
•The highest court and final of appeal in Manitoba. These judges are appointed by the federal government
hears appeals from trial provincial superior court. 3 or more judges hear the case. Appointed by federal government
• Federal court of appeal and federal court of appeal:
Federal gov boards tribunals, commissions issues within federal jurisdiction. 3-5 judges hear the cases. Appointed by the federal government
• Supreme Court of Canada:
Every type of case heads but S.C.C does not always take in a lot of cases. Cases of national importance. Maximum 9 judges has to be an odd number of judges so no case goes unsettled. Appointed by Federal Government. Has ultimate jurisdiction.
• Summary conviction
offences are minor criminal offences. The maximum punishment for most summary conviction offences is six months in jail and/ or a fine up to $2000.00. You must be charged with the offence within six months of the date it occurred. Otherwise, you get away with it. A provincial judge hears a summary conviction offence trials.
• Conspiracy
o A conspiracy is an agreement between two or more people to commit a crime or achieve something illegal by breaking the law
o Even if you do not carry out the crime, you can still be guilty of a conspiracy
o The intent must be serious, jokes or idle threats are not considered a conspiracy
